Author
Law on Refugees guarantees asylum seekers, refugees and persons in need of complementary protection the right to education and employment.[1] Refugees and persons in need of complementary protection have the right to employment on the grounds and in accordance with the procedure established for Ukrainian citizens.[2]
Refugees and persons in need of complementary protection cannot hold elected positions in central and local authorities, civil service positions, as well as positions related to the possession of information constituting a state secret. For example, foreigners cannot hold the following positions: civil servants, judges, customs officers, police officers, personnel of the Security Service of Ukraine, prosecutors, notaries, etc.[3]
Refugees and persons in need of complementary protection can be employed without special permission which is necessary for asylum seekers.[4]
In order to be employed and to conclude an employment contract, asylum seekers and refugees must provide an identity document, employment record book (if any) or information on employment from the register of insured persons of the State Register of Compulsory State Social Insurance and, in cases provided for by law, an educational document, as well as other documents that can confirm professional qualifications.[5] If educational documents are required for employment (e.g., in the medical and pharmaceutical industries), all foreign educational documents must be nostrified.
In the case of insufficient information, the procedure for the recognition of foreign educational qualifications of refugees and persons in need of complementary or temporary protection may include specially organised exams, testing, and interviews, the results of which are taken into account by the competent recognition authority when making a decision.
Ukraine has ratified the Lisbon Convention on the Recognition of Qualifications in Higher Education in the European Region (1997) and is a member of the ENIC-NARIC network, a network of cooperation between national information centres for the academic recognition of qualifications in 55 countries. The State Enterprise “Information and Image Centre” is responsible for the nostrification of foreign educational documents.
Overall, NGOs providing assistance to the beneficiaries of international protection do not report obstacles with diploma nostrification of refugees.
Despite the legally established access to the labour market refugees and persons in need of complementary protection report facing discrimination during the hiring process.[6]
In addition to employment, the beneficiaries of international protection in Ukraine can be self-employed and run small businesses. To do this, it is enough to have a TIN and a valid passport document.
In order to register as a self-employed person, it is necessary to fill out and submit an application, which can be submitted both in paper and electronic form. The application must include personal data, the types of activities the entrepreneur plans to carry out, and contact information.[7]
The main obstacle for asylum seekers and refugees to register as a self-employed person is the absence of a passport or its expired validity.
UNHCR and its partners aim to facilitate local integration of refugees by providing grants for self-employment, assistance with skill training, and assistance with job search and collaboration with the Employment Centres.[8]
In the R2P questionnaire among asylum seekers and beneficiaries of international protection in Ukraine, 84% of respondents noted that they work informally. The reasons for that can be employers’ reluctance to hire foreigners, low level of integration, and lack of knowledge of the Ukrainian labour market. Thus, refugees are more likely to be exposed to unscrupulous employers and forced to work informally. Among those employed, 57% provide jobs in two sectors: wholesale and retail trade, repair of cars and motorcycles, and short-term accommodation and catering.[9]
[1] Article 13, 15 Law on Refugees.
[2] Article 3(4) Law on Employment.
[3] Article 19 the Law on Civil Services; Article 69(1) Law on the Judicial System and Status of Judges; Article 570 Customs Code of Ukraine; Article 17 o Law on the National Police; Article 19 Law on the Security Service of Ukraine; Article 27 of the Law on the Public Prosecutor’s Office; Article 3 Law on Notaries.
[4] Article 42(6)(2) Law on Employment.
[5] Article 24 Labour Code of Ukraine.
[6] R2P & HIAS, Asylum Seekers and Refugees in Ukraine Addressing Protection Risks During Wartime, 05 April 2023, available here.
[7] Diia, Registration of an Individual Entrepreneur, available in Ukrainian here.
[8] UNCHR, Local Integration, available here.
[9] R2P, Key Aspects of Employment of Refugees, Persons in Need of Complementary Protection and Asylum Seekers in Ukraine, 10 October 2018, available in Ukrainian here, e.g. 11, 16, 28.